• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Auto accident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zmaista

Junior Member
What is the name of your state? TN

My wife had been in an auto accident which resulted in her having minor injuries (she has only liability insurance). It was the other drivers fault which is clearly stated in the police report. My wife had gone to the emergency room and had received medical treatment for 3 weeks which workers comp. has taken care of right away since she was working at the moment of the accident. My wife and I had a hard time contacting his insurance company since TN law is lax on auto insurance coverage -- there isn't even a place for the police to write the insurance information.

To make story short, we sued the person in a sessions court and finally his insurance had contacted us about settling the case and we agreed. The problem we're having is that workers comp has contacted us saying that the insurance company must pay for the medical bills or else we have to pay it ourselves and the insurance company doesn't want to pay the medical bills. Since our settlement paper doesn't include medical bills what should we do? She we forget about settlement and go to court? Can workers comp. make us pay the bills if we settle with the insurance company? We need advise.

Zmaista,
 


ecmst12

Senior Member
Any settlement should be large enough to cover the medical bills, at the very least, since they get paid before you get any compensation. If they won't settle to your liking, your choices are going to court yourselves, or hiring a lawyer.
 

zmaista

Junior Member
So can workers comp who already paid for our medical bills send us the bill if we settle with the insurance company -- because we only dealt with the insurance about the damage of the car and lost wages, that's all? Can we be forced to pay for the medical bills even if she was working at moment of the accident?
 

moburkes

Senior Member
You're not required to pay for them. Well, the docs need to be paid somehow. They don't care where the money comes from.
However, either she collects from WC (meaning, they pay the bills) or she collects from the insurance company (meaning they pay the bills), but not from both. WC is not paying for the bills, while you receive cash from the at fault party.

So, you will need to renegotiate the settlement, or pay the medical bills yourself.
 

ecmst12

Senior Member
Hold on, the insurance company will offer you separate settlements for medical and property. If you're dealing with them on property damage now, then you do NOT have to pay WC back out of that money - that is earmarked for the damage to your vehicle. You will have to pay WC back out of your MEDICAL settlement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top